Recovering Damages From Negligent Security in Tulsa, OK
Negligent security cases sit at the intersection of premises liability and third-party criminal conduct. The injury was caused by a criminal — but the case isn’t against the criminal. The defendant is the property owner whose security failures enabled the harm. This is its own area of law. A local attorney experienced with these claims knows the specific legal requirements these cases involve.
Why These Cases Are Legally Distinctive
Holding the Property Owner Responsible for Criminal Acts of Others
The central legal issue asks whether owners are responsible for third-party crime.
The general principle is no liability.
Multiple exceptions apply.
The Foreseeability Doctrine
Foreseeability is the central concept.
These cases require foreseeability of the criminal act.
Foreseeability requires prior crime evidence.
Special Relationships
Certain relationships create elevated duties for security:
- Landlords to tenants
- Hotels to guests
- Transportation providers to passengers
- Establishments to customers
How Foreseeability Gets Established
Prior Crime on the Property
Prior incidents on the premises is the most powerful foreseeability evidence.
Documentation of prior incidents should include:
- Specific crime reports involving the property
- Police documentation
- Complaints to the owner
- Security incident reports
Crime in the Surrounding Area
Neighborhood crime data can establish foreseeability when the property is in a high-crime area.
Sources for area crime data include:
- Law enforcement statistics
- Crime data services
- Neighborhood crime reports
Property Owner’s Knowledge
Direct evidence of the property owner’s awareness can establish foreseeability:
- Internal security reports the owner received
- Resident complaints
- Owner admissions
- Underwriting records
Inherent Nature of the Property
Risk-elevated property types:
- Drinking establishments
- Late-night businesses
- Residential complexes
- Hotels in high-risk areas
- Parking lots and parking garages
- Financial facilities
- Risk-area convenience stores
Types of Negligent Security Cases
Robbery and Theft
Theft and robbery cases.
Assault and Battery
Physical assault in parking lots, garages, building common areas.
Sexual Assault
Sexual victimization.
These are among the most devastating negligent security cases.
Shooting Incidents
Shooting cases present specific challenges.
Mass Shooting and Active Shooter Incidents
Active shooter incidents can support negligent security claims.
Apartment Complex Violence
Multi-family housing crime generates significant case volume.
Hotel Crime
Hotel-related violence and theft can support negligent security claims.
Parking Lot and Garage Incidents
Parking lot and garage crime generates significant case volume.
Workplace Violence
Workplace crime cases.
What Adequate Security Actually Looks Like
Security needs are property-specific.
Security components include:
Lighting
Proper lighting.
Inadequate lighting is one of the most common contributing factors.
Surveillance Cameras
Functional surveillance camera systems.
Cameras must be:
- Properly located
- Operational
- Regularly maintained
- Monitored where appropriate
Security Personnel
On-site security, particularly for properties with elevated risk profiles.
Access Control
Controls on access to the property.
Locking Systems
Functional locks on doors, gates, and access points.
Communication Systems
Emergency communications, including emergency phones.
Landscaping and Maintenance
Proper landscaping.
Policies and Training
Written security policies, Security training, Response procedures.
Common Security Failures
Inadequate Lighting
Insufficient lighting for criminals.
Broken or Non-Functional Cameras
Cameras that aren’t recording provide no security benefit.
Inadequate Security Personnel
Insufficient security staff given the actual risk profile.
Failure to Implement Recommended Security
Recommendation failures face heightened liability.
Failed Access Controls
Broken access controls.
Untrained Security Staff
Inadequate training.
Ignored Complaints
Ignored complaints carry greater exposure.
Damages in Negligent Security Cases
Compensation in these cases include:
Medical Costs
Emergency and trauma care, surgical costs, Hospital stays, Physical and other rehabilitation, Long-term medical needs, mental health treatment (often substantial).
Lost Wages and Earning Capacity
Earnings affected by injury and long-term wage impact.
Pain and Suffering
Pain and suffering damages.
Mental Health Damages
Mental health damages generate major damages.
Loss of Enjoyment of Life
Effects on daily life and activities.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal negligent security cases.
Punitive Damages
Negligent security cases frequently support punitive damages, especially where:
- Owner knowledge with failure to act
- Disregarded recommendations
- Security personnel failure
- Property owner’s conduct showed reckless disregard for safety
Who Can Be Held Liable?
Property Owner
The property owner is the primary defendant.
Property Management Company
Property managers can share liability.
Security Company
Companies contracted to provide security may bear primary responsibility for service deficiencies.
Premises Owners and Operators
Multiple property-related parties can share liability.
Franchisors
Franchisor liability, franchisors may face liability in some circumstances.
Common Insurance Defenses
“The Crime Wasn’t Foreseeable”
The primary defense.
“How could we have known?”. Comprehensive prior-crime evidence defeats this defense.
“We Provided Reasonable Security”
Security adequacy defenses.
“Security Failures Didn’t Cause the Crime”
“Better security wouldn’t have prevented this”.
“The Plaintiff Was at Fault”
“You contributed to your own harm”.
“The Criminal Is Solely Responsible”
Sole-criminal-responsibility arguments. This defense generally fails.
Critical Steps After a Negligent Security Incident
Report to Law Enforcement
Don’t accept informal handling. Crime reports are critical.
Get Medical Attention Immediately
Quick medical attention protects the claim.
Document Everything About the Property
The location, lighting, cameras, security personnel, access controls, and overall security.
Note Security Failures Observed
What was inadequate.
Photograph the Property
Visual evidence of every relevant detail.
Identify Witnesses
Independent observers.
Don’t Wait to Investigate Crime History
Crime history require investigation.
Get Mental Health Treatment
PTSD and other psychological consequences often require significant treatment.
Don’t Speak With Property Owner Insurers Without Counsel
Adjusters reach out fast. Statements without counsel create problematic admissions.
Attorney Costs
Negligent security attorneys work on contingency. Expert costs run high paid by counsel.
Move Quickly
These cases require quick action.
Video recordings requires prompt preservation.
Employee turnover requiring prompt investigation.
Property owners often change security after incidents, providing evidence of prior inadequacy.
OK’s statute of limitations applies regardless.
Getting an attorney involved promptly locks down the critical evidence.